Federal Judge: 1st To File Rule Doesn’t Apply To Papa John’s Drivers’ Wage Suit

Mealey's (October 3, 2018, 1:20 PM EDT) -- CINCINNATI — An Ohio federal judge on Sept. 30 denied two motions to dismiss, transfer or stay a wage class complaint brought by delivery drivers against franchisor Papa John’s International Inc. and franchisees, finding that the first-to-file rule doesn’t apply, as a similar case in a New York federal court is only against the franchisor and the conditionally certified class in that case does not encompass the proposed class in the present case (Derrick Thomas v. Papa John’s International, Inc., et al., No. 17-411, S.D. Ohio, 2018 U.S. Dist. LEXIS 168596)....